Superior Court

Where defendants charged with employment discrimination have asserted counterclaims against the plaintiff, summary judgment is not warranted on the defendants’ counts of breach of fiduciary duty, breach of contract and breach of the implied covenant of good faith and fair ...

Where a defendant general contractor breached its obligation to the plaintiff, a subcontractor retained to furnish labor and material for the drywall and ceiling portions of a state college construction project, the “no damages for delay” provision in the subcontract ...

Where a jury found that a defendant attorney and codefendant firm committed legal malpractice and awarded the plaintiff client $100,000, a judgment notwithstanding the verdict should enter in the defendants’ favor given the plaintiff’s failure to show harm. Background “… ...

Where the defendant, owner of a one-third interest in an actuarial firm, left and started her own actuarial consulting firm, the defendant did not breach her fiduciary duty. “Stephen Ricci (Ricci) and Linda Bournival (Bournival) are each shareholders in Ricci ...

Where the defendant company characterizes the plaintiffs’ service as that of independent contractors, while the plaintiffs maintain that they should have been classified as employees under G.L.c. 149, §148B, the plaintiffs’ motion for summary judgment must be denied, as the ...

Where plaintiffs have argued that they should have been classified as employees rather than independent contractors, a motion by the defendant for summary judgment must be denied, as G.L.c. 149, §148B is not preempted by the Federal Aviation Administration Authorization ...

Where the president of a corporation decided to terminate his brother, the defendant, from his position as vice president, the termination cannot be given effect without approval from the board of directors. “… Arklow, Inc. (the Corporation) and Arklow Limited ...

Where a defendant law firm and its codefendant principal have been found liable to the plaintiff clients, the plaintiffs should be awarded counsel fees of $325,149.90 and costs in the amount of $24,004.29. ‘Scorched-earth tactics’ “In very brief summary: the ...

Where a defendant law firm and its codefendant principal have been defaulted in a suit brought by the plaintiff clients alleging overbilling, damages should be assessed in the amount of $66,468.75, trebled to $199,406.25, against both defendants jointly and severally. ...

Where two insurance companies have brought a subrogation action against a defendant electric company allegedly responsible for an electrical accident, the insurers are barred from seeking compensation for business interruption but not property damage. “This lawsuit arises from an accident ...